Rodriguez v. State

Full title: MANUEL RODRIGUEZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 9, 1989

542 So. 2d 1064 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-2062.

May 9, 1989.

An Appeal from the Circuit Court for Dade County; Arthur I. Snyder, Judge.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Jacqueline M. Valdespino, Asst. Atty. Gen., for appellee.

Before FERGUSON, JORGENSON and COPE, JJ.

PER CURIAM.

In identifying a defendant as an habitual offender for the purpose of an enhanced sentence, the court must make specific findings of fact, in writing, as to why it is necessary for the protection of the public to impose an extended term of imprisonment. § 775.084, Fla. Stat. (1987); Scott v. State, 423 So.2d 986 (Fla. 3d DCA 1982).

The sentence is reversed and the cause is remanded for further consistent proceedings.